Amy McCoy v. Massachusetts Development Finance Agency (SPR 20253817)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records January 9, 2026 SPR25/3817 Robert M. Carley, Esq. Counsel Massachusetts Development Finance Agency 99 High Street Boston, MA 02110 Dear Attorney Carley: I have received the petition of Amy McCoy appealing the response of Massachusetts Development Finance Agency (Agency) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 23, 2025, Ms. McCoy requested: … a copy of the MAAF autocross noise reports for June 21 and June 22. On July 19, 2025, Ms. McCoy modified her request to include: …a copy of the noise reports from June 21 and June 22, and for July 5 and July 6. On August 24, 2025, Ms. McCoy modified her request to include: [1] My outstanding 2024 records request - documents were to be provided to me via an electronic link… [2] A copy of the noise reports submitted to MassDev for the following autocross dates in 2025 - June 21 and June 22, July 5 and July 6, August 3, August 17 and August 24. On October 31, 2025, Ms. McCoy modified her request to include: [1] Copies of the noise report submissions for the following autocross dates in 2025 - June 21, June 22, July 5, July 6; August 3, August 17, August 24, 9/6/2025, 9/14/2025, 9/27/25, 10/11/25, 10/19/25, 10/20/25, 10/25/25 and 10/26/25[;] One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Robert M. Carley, Esq. SPR25/3817 Page 2 January 9, 2026 [2] Still outstanding - the electronic link to response documents to my 2024 records request… The Agency responded on October 31, 2025. Unsatisfied with the Agency’s response, Ms. McCoy petitioned this office and this appeal, SPR25/3817, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Agency’s October 31st Response On October 31, 2025, the Agency stated, “I have logged your request and will request any responsive records.” Current Appeal In her appeal petition, Ms. McCoy contends, “Mass Development has not responded to my request for records made in 2025.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall:

Robert M. Carley, Esq. SPR25/3817 Page 3 January 9, 2026 identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records …; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Ms. McCoy submitted her initial request on June 23, 2025, and submitted her final modification on October 31, 2025, and the Agency has not provided responsive records, nor cited an exemption for withholding records, I find the Agency has not met its burden in responding to the request in accordance with G. L. c. 66, § 10(b). Consequently, the Agency must provide an estimated date as to when it intends to complete the search and provide the responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Agency must provide responsive records on a rolling basis. Conclusion Accordingly, the Agency is ordered to provide Ms. McCoy with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. McCoy may further appeal the substantive nature of the Agency’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Amy McCoy